The
State appeals from the district court's appellate
decision affirming the magistrate court's order granting
John Doe's motion to suppress statements Doe made to
detectives during the course of an investigation.

I.

FACTUAL
AND PROCEDURAL BACKGROUND

The
following facts were addressed in the magistrate's
memorandum decision and order:

On August 28, 2014, Detective Joe McCarthy (McCarthy) of BPD,
interviewed [Doe] in connection with an investigation into
potential lewd conduct with a minor that occurred on August
23, 2014. McCarthy interviewed [Doe] in his office at [the
junior high school]. [Doe] was 14 years old at the time and a
freshman at [the junior high school]. It is unclear from the
report if the office doors were closed, but [Doe] was alone
in the officer [sic] with McCarthy. McCarthy never indicated
to [Doe] that he did not have to speak with him, nor that
[Doe] was free to leave at any time that he desired. In his
report, McCarthy indicates at the outset that he did not
Mirandize [Doe] because he believed he was a potential
witness rather than a suspect in the alleged incident.
McCarthy indicated in his report that a portion of the
interview with [Doe] was recorded; however, discovery
materials received by counseling [sic] did not include any
audio of McCarthy's interview. Due to the lack of the
actual recording, it is impossible to determine neither the
length of time that [Doe] was interviewed nor the exact
nature of the questioning.

McCarthy asked [Doe] about the relationship between the
alleged victim [] and [witness] due to the fact that
[witness] was a suspect in the lewd conduct incident. During
questioning, [Doe] indicated that [victim] "came
onto" him by crawling in his lap and wanted to make out
with him. McCarthy indicates that [Doe] was a witness and so
he "continued to ask about [victim's] behavior
believing that he might talk about [victim] and
[witness]." [Doe] proceeded to tell McCarthy that he
witnessed [victim] without her bra and shirt and that
[victim] again approached him. McCarthy asked [Doe] what he
did and if he reciprocated [victim]'s advances
"believing that if he talked about actions he might talk
about [witness]. McCarthy states that [Doe] indicated that he
kissed [victim] and that she gave him a "hand job"
while gesturing that he touched her chest. [Doe] then added
that [victim] gave him a "blow job" that lasted 3
to 5 seconds.

At this point, McCarthy indicates that he stepped out of the
room to call Detective Angie Munson (Munson) and tell her
about [Doe]'s disclosures. McCarthy reports that he
"returned to his office a short time later and [Doe]
told me that he had vaginal intercourse with [victim] for
about 5 seconds when he stopped because he noticed that she
was not responding to him when he spoke her." McCarthy
then states that [Doe] was sent back to class.

After McCarthy's interview, it was determined that the
crime took place outside Boise city limits and Detective
Munson turned the investigation over to Detective Matthew
Buie (Buie) of the ACSO. During a briefing on August 28,
2014, where a number of detectives were present, Munson
informed Buie of the status of the investigation to that
point. Munson indicated that [Doe] had admitted to having sex
with [victim] during an interview with McCarthy. McCarthy
arrived late to the briefing and informed Buie of the details
of [Doe]'s interview. McCarthy indicated "that he
didn't realize that [Doe] was a suspect during his
interview with him and did not provide him with Miranda
rights." McCarthy further explained that he believed
that [Doe] was only a possible witness "until [Doe]
admitted to having sexual contact with [victim]."

Following the briefing, Buie interviewed [witness] on August
28, 2014 at his house in an attempt to get more information
about [Doe]'s sexual contact with [victim]. At 18:31 Buie
walked into the garage with [witness] and asked him if anyone
had sex with [victim]. [Witness] responded that no one was
ever alone with [victim] in the garage. Buie told [witness]
that he knew [Doe] had sex with [victim]. [Witness] then
indicated that [victim] was "touchy touchy" with
[Doe]. Buie then met with [witness]'s mother and got
permission to interview him in the garage. At 18:39 Buie
again interviewed [witness] in the garage and asked [witness]
for more detailed information about what happened between
[victim] and [Doe]. [Witness] stated that [victim] was trying
to get [Doe] to do "stuff." Buie wanted to clarify
what "stuff' meant and [witness] indicated that it
meant "sex."

On August 29, 2014, Buie went to [the junior high school] to
interview [Doe] again. They met in a conference room at the
school with no one else present. Buie told [Doe] that he did
not have to speak with him and he read [Doe] his Miranda
rights. [Doe] indicated that he wanted his grandmother
present during the interview but she did not answer her
phone. [Doe] agreed to speak with Buie without his
grandmother present. Buie then asked [Doe] to tell him what
happened and allowed [Doe] to state his version of events
without interruption or further questions. [Doe] indicated
that he and [victim] went into the garage and started to do
"stuff." When [Doe] realized she was really drunk,
he "stopped doing stuff with her." [Doe] had never
indicated to that point what "stuff' he and [victim]
were doing. Buie wanted to clarify the events [Doe] described
because [Doe] was "talking really fast." Buie asked
a few follow up questions about when [victim] arrived and how
much alcohol she had consumed. Buie then asked [Doe] how long
after she started drinking that he ended up in the garage
with [victim]. [Doe] stated that it was about 20 minutes
later. Buie responded by asking "is that when you had
sex with her?" [Doe] responded in the affirmative. Buie
continued to question [Doe], leading him in to the acts that
Buie was already aware of from McCarthy's interview. Buie
asked if [victim] rubbed [Doe]'s penis and he stated yes.
Buie then asked if [Doe] put his penis into [victim]'s
vagina and he stated yes. Buie asked how long his penis was
inside [victim]'s vagina to which [Doe] responded 5
seconds. Buie responded with disbelief stating: "now
I'm a guy and I've had sex and for me to leave, to do
that for 5 or 10 ...

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